USA > New Jersey > Essex County > The first county park system : a complete history of the inception and development of the Essex County parks of New Jersey > Part 6
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If that clause does not clearly enough leave the selection of officers solely as a prerogative of the board to determine, and with equal clearness leave only the selection of the com- missioners with the court, what language could be employed to express such meaning? If the judge, under this law, could assume to determine and direct by an expressed "wish" or otherwise, who the officers should be, why could he not with equal right or authority decide who the secre- tary, counsel, or any other officer or employe should be ?
I do not think that at the moment when the expression as to the judge's wishes was made, or during the brief dis- cussion that followed, any of the commissioners thought of the clause in the charter above quoted. And I have also the generous disposition toward Judge Depue's memory to be- lieve that, in the extraordinary pressure brought to bear upon him regarding the appointments he had overlooked it or possibly may have never read it. There was, however, at least one of the commissioners present at that meeting who
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VIEW FROM A RUSTIC BRIDGE, BRANCH BROOK PARK.
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A CHANGE IN THE CURRENT
knew, without a shadow of doubt, that it certainly never had been the intention in framing that law or the preceding park act, to lodge with the presiding justice of the Essex Circuit of the Supreme Court any power whatever beyond naming the commissioners who were to be entrusted with the park undertaking. With that appointive power securely placed in the court by legislative edict, an officially ex- pressed "wish" in such a matter as the selection also of offi- cers, may, in the absence of counteracting influences or ad- vices, be construed, as it was intended to be and was in this instance construed, to have almost the force of a mandate. The effect of that action has had a great influence in shap- ing the affairs of the Park Commission down to the present time, and was one of the causes that a little later brought a sharp turn in the rapid-flowing current of Essex County park affairs.
The question as to who should be secretary of the new board was soon determined by the appointment of the former secretary, Alonzo Church. Then came the settlement of two questions, the solution of which practically con- structed a dam across the heretofore straight and smooth course of the park movement, and effectually turned to one side, and almost back upon itself, the current, in an entirely reverse direction from that taken all through the work and life of the first commission.
These questions, in the order disposed of, were: First, the selection of counsel to the board ; and, second, the policy to be pursued relative to the location and acquirement of the parks in establishing the county park system.
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CHAPTER V.
QUESTIONS OF POLICY.
THE selection of counsel to the Park Board was, at the outset, recognized by all the commissioners as a matter of much importance. It was a new proposition, at least in Essex County, for an appointive board to have the right by law to make requisitions for large amounts on an elective board of the same constituency and area of jurisdiction. Such attempts, theretofore, in other places, had created jealousies and litigation. These conditions it was, by all of the members, deemed imperative, if possible, to avoid. There were also many questions, it was known, which would arise as the scheme developed, and which would require the advice and service of an able attorney. To this extent we were all agreed.
Soon after the organization of the board this subject was taken up. Commissioners Murphy and Shepard were both ardent and decided in their advocacy of Joseph L. Munn. Commissioner Meeker was as decidedly opposed, and favor- ably mentioned Henry Young. Mr. Peck said nothing. I was unprepared to make a decision and asked that the ques- tion go over. The matter was again brought up at the fol- lowing meeting. Messrs. Murphy and Shepard were insis- tent for Mr. Munn's appointment. Mr. Mceker and myself objected. There was a prospective issue, for it was mani- fest that those favoring Mr. Munn's appointment were de- termined it should be made. The points as then stated in his favor were mainly that his knowledge of, and position as counsel with, the Board of Freeholders would be of as- sistance in establishing and continuing friendly and co-
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operative relations with that board. This all recognized as . desirable-indeed, necessary, for the harmonious execution of the Park Board's plans.
"At the meeting May ? it became evident that longer de- lay would retard the work of the commission. Previously I made inquiries as to Mr. Munn's character and qualifica- tions. The replies from, and statements of, those I thought most competent to judge were conflicting. I was told that, while employed as town counsel of East Orange, and later by the freeholders, his attention was mainly given to politi- cal or party affairs and that he was extremely friendly, and most valuable, to the traction companies when they wanted new legislation or additional franchises.
In this dilemma of uncertainty I left the meeting re- ferred to. The question was pressing for solution. Mr. Shepard and I came out together and boarded an Orange car. I then stated directly to him the result of my inquiries as to the two candidates, and my misgivings about Mr. Munn. That, as I seemed to hold the balance of power, I felt it "doubly incumbent that no mistake should be made in the decision." I said to him :
"Mr Munn has been your close neighbor for years. You must know him thoroughly well, his character and all about him. In this park enterprise you have now an equal re- sponsibility with me. You are the older man and have far better opportunities of judging whether Mr. Munn will properly fill the requirements of that position than have I. I am suspicious of him and in doubt as to what is best to do."
The answer was in these words: "I have known Mr. Munn for years. He has been my counsel in other matters. If this expenditure of $2,500,000 was all of my own money I would not think of employing any one else but Mr. Munn." My reply to that statement was equally direct : "If you now say that to me as my colleague in this great undertaking I will withdraw my opposition at the next meeting and vote for Mr. Munn's appointment." He as- sured me that was his conviction. I then repeated my
FIRST COUNTY PARK SYSTEM
promise of giving Munn's candidacy my support-and did so.
At the meeting of May 9, Commissioner Murphy, know- ing that Mr. Munn's appointment could then be secured, pressed for that result by moving that the salary for the counsel be fixed at $2,000 per year, and that J. L. Munn be the counsel. Mr. Shepard seconded the motion. Commis- sioner Meeker formerly proposed Henry Young. Mr. Murphy called for a vote. It resulted in 4 for and 1 against J. L. Munn; and he thus became the legal adviser of the Park Commission, with all the opportunities for good or evil which that name and position implied.
POSSIBLE STORM BLOWS OVER.
Immediately there were public mumblings of discontent. The previous December Mr. Munn had been "chosen" coun- sel to the Board of Freeholders at a like salary of $2,000 per year. The Republican politicians and "the boys" of that party had for a long time been berating the Democrats for having allowed, when that party was in control, one man to fill more than one remunerative office. Now that the same scheme, and for the same reasons, had become operative in their own party, the same principle was brought forward, and the question was raised as to why "the plums" falling from the Park Board's table should not be more evenly. distributed. These advance monitions of a possible party storm, however, finally blew over, when it was found that "what's done" was not likely to be undone, and that the seal of fate had been set upon the hopes of many other lawyers who had been rated as of the faithful in party allegiance. Like the appointment of the commissioners, the thing was a thing of the past, and what was the use of continuing to mourn or agitate it, even though, to many aspiring attor- neys' minds, the overturning of that overflowing milk pail had diverted the cream of some of the richest available county funds to one already gorged-considering the ser- vice he was performing -- with the emoluments of public office.
QUESTIONS OF POLICY
The discussion, while it lasted, was entertaining. It was also instructive, in reflecting, as it did, the practical aims and ideals of many otherwise good citizens in dealing with questions of party control, and in showing how services, pro- vided for at the taxpayers' expense, are, in party parlance, really looked upon as "the spoils of office."
The Newark News of May 29, 1895, gave an amusing ac- count of this episode, quoting from some of the aggrieved publicists who thus had opportunity to vent their grievances.
"Why shouldn't the county pay the legitimate expenses of the man who goes to Trenton in its interests?" was the way one of the party statesmen expressed his sentiments. This observation might, by the cynically inclined, be deemed of much significance, in view of the appearance, a few months later, of Mr. Munn before the Assembly Municipal Corporations Committee in favoring the "Roll trolley bills." Then, with much earnestness, he contended that the control of all such county roads as Bloomfield avenue "rightfully belonged" to the freeholders, "the only logical body to con- trol county roads"-a board then, as since, well under "trol- ley" influences. When objection was made to the "undue interest displayed by the Board of Freeholders in reference to the passage of those bills," Charles D. Thompson asked if Mr. Munn "represented the freeholders or the Park Com- mission, or appeared as the counsel of East Orange in this matter." Mr. Munn replied : "I do not; I represent my- self;" but added that "he knew several freeholders who , were in favor of the bills." As these measures sought to deprive municipalities and property owners of all control or voice in granting trolley road franchises, and vested that right exclusively in the Board of Freeholders-then, as afterward, to all appearances, under corporate and party boss dictation-the counsel's efforts to secure their passage was, indeed, significant.
POLICY IN SELECTING PARKS.
In public matters, as in other affairs of life, there are
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certain general principles which with reasonable certainty foreshadow ultimate results, much as, under the applica- tion of the axiomatic rules of science, like causes produce like results. Anticipating that park making on a large scale might involve these principles, the first Park Commis- sion had, as indicated in the preceding chapters, continu- ously dealt with the park system as an entity, hoping thereby to avoid the pitfalls of sectional differences, and, by treating the proposition as a whole, thus to be in a position to better determine the probable limits of cost for "a system of parks in its entirety."
QUESTION OF POLICY.
After the second commission had completed its organiza- tion, the question then before the board, briefly stated, was whether the pledge made by the first park commission in re- spect to the policy of establishing the park system should be carried out, or a new policy on other lines be inaugurated. The consideration and discussion of the subject went on for months. At almost every meeting it received attention. Although free from personalities or acrimonious reflections, the arguments for and against the proposition stated were earnest and persistent.
Mr. Murphy was emphatic in his advocacy of a new policy in saying "I am here to lay out the parks and to expend the money appropriated for that purpose as in my own judgment I think best, without regard to what the former commission may have said or done." When in answer, in espousing the cause of continuing the plan and policy of the first commission that had received such cordial public indorsement, I referred to the conviction forced upon me, "to consider the pledge of that board as a binding obli- gation upon its successors, for it was upon that pledge the court, the Legislature, and the electorate of the county had acted in passing the charter and in granting the large ap- propriation then available," we were reminded that the first commission was no longer in existence, and that it had no right to bind the present board in any way whatever.
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There were certain parks, it was claimed, that should be selected first. When these were provided for, and the boun- daries, etc., established, others could be taken up. Wee- quahic was one of these, although that lake, with a railroad on one side and mosquito marsh on the other, had been rejected by every one of the landscape architects employed by the former park board, and the commission had also passed it by as too costly to improve, and having too many other disadvantages to even give it consideration as a prob- able location for a future park.
Again, what appeared to be the defects and dangers of a change of policy were pointed out. If we were to start in by selecting piece by piece and park by park, without regard to other locations and requirements throughout the county, who could estimate where the board would finally come out on the plans, or what the ultimate cost would be? Would the cost not be more than double the amount the first com- missioners had assured the people the expense of the entire system would not exceed ? If the proposed policy should be adopted would we not be in the position of the man begin- ning to build a residence within a definitely estimated price for the house complete, and then starting the foundation without regard to the cost of the superstructure, only to find when foundations and frame were up that the money pro- vided had disappeared with the building but half com- pleted ? If the Newark parks were first determined upon without any reference to the mountain parks or the park- ways, or vice versa, would not the board be in similar situa- tion long before any part of the proposed system was completed ?
SITUATION UNCHANGED.
At the close of each meeting the situation remained sub- stantially as at the beginning. Arguments were unavailing. The logic of events and experiences of the past were met by a statement of condition and of intention to go ahead on new-and to the park enterprise-untried lines. Whether right or wrong in my contentions, the more I thought of
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FIRST COUNTY PARK SYSTEM
the confidence and generosity extended on all sides to the first commission, of the sincere and loyal support of the various elements in the county and State, of the direct pledge we had made in the reciprocation of that confidence, and of the possible-or what seemed to me almost certain- dangers involved from such a radical change of policy, the more I shrank from it. Not content in relying upon my own judgment, I sought the counsel and advice of those out- side of the scene of action, away from any of the persons or influences directly involved, and in whose character and judgment I believed I could place implicit confi- dence in such matters. Among my acquaintances there was one for whose judgment I entertained the highest regard- Mr. D. Willis James. I had known of his philanthropic deeds, his kindly nature, his public spirit and withal excep- tional judgment on large financial operations, and on matters pertaining to the carrying out of large undertak- ings. I met Mr. James at his summer place at Madison. Without mentioning the names of the commission or giving any intimation as to which side of the question any of them stood on, or the slightest inkling of my own views on the subject, I presented the matter to him precisely as it was then before the park board ; stated the claims at issue, which had been put forward by each of the commissioners ; explained to him the amount of the appropriation and that it was intended and was appropriated for a park system for the whole county ; and set forth the plan that had up to that time been followed by those having the enterprise in charge. His reply was earnest, emphatic and directly to the point. It made a lasting impression upon my mind.
A PIECEMEAL POLICY.
"Do not make the mistake," he said, "of attempting to carry out any piecemeal policy in such an undertaking as that. It will cost you more than twice what you anticipate before you get through, and if you start that way you will never be through.
"In my judgment," he added, "there is but one way to
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QUESTIONS OF POLICY
proceed in an undertaking of that magnitude, and that is to have the whole scheme laid out in advance before any com- mitments are made. In this way you can see the end from the beginning and at least approximately know at the start where you are coming out."
Those statements are now as clear in my mind as though Mr. James had made them but yesterday. At the next meeting I reported the conversation to the board. Mr. Murphy reiterated the answer :
"I am here to spend that two millions and a half of dollars as I think best. Newark pays about three-fourths of the county taxes, and, as one of the representatives of this city, I propose to be free to favor such parks here or in the county as I wish."
On May 20, 1895, a conference was held with Landscape Architects and Engineers Messrs. N. F. Barrett and John Bogart, who had made the most original and suggestive plans for the first commission. On the recommendation of the committee on landscape architects-Mr. Shepard and myself-these gentlemen received their appointment and went immediately at work on data for the preparation, later, of landscape plans. Mr. Bogart was chosen with the view of his having especially in charge the various engineer- ing problems which it was soon recognized the commission, in carrying out the plans for such varied topography as ex- isted in Essex County, would have to solve.
About the same time, Messrs. Murphy and Meeker acted as a committee in conferring with Mayor Lebkuecher to obtain his views in regard to the transfer of lands belonging to the city of Newark which might be desirable for use in the new park locations. Requisitions for funds were made on the freeholders-one for $5,000 on May 9-and promptly honored, and that board was advised that the commission "would probably require the current year $750,000." On June 17 a conference with the Finance Committee of the freeholders was held. This was followed a week later by another requisition for $50,000, which amount was prompt- ly forthcoming.
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FIRST COUNTY PARK SYSTEM
NUCLEUS OF NEWARK PARK.
While the question as to the general policy of the board was yet undecided, there seemed to be no doubt that the Branch Brook reservoir property should be- come the nucleus of the central park for Newark. The loca- tion was central-although far north of the center of the large population in Newark. The tract belonging to the city, had in December, 1899, owing largely to the active efforts of the Roseville Improvement Association, Charles H. Pell and others, been transferred by the Aqueduct Board to the Common Council, and a few days later was dedicated to park purposes and came under the control of the Board of Works-the right being reserved to use such
There had part of it as necessary for reservoir purposes.
been more or less agitation in favor of having the transfer of this tract made to the Park Commission. The Mayor recommended it and the press favored it. It was "as good a place to begin with as any, and all should help hasten the development of the park system. Let there be some practi- cal results shown as soon as possible." That was the way The Call put forth its claims for a park site to public favor. The tract as transferred contained about sixty acres. Ad- joining on the easterly side, within the park site soon after- ward chosen, were many residences, always very costly in acquirement for park uses. But the reservoir property was already in municipal control and held for park improve- ment, and in July, 1895, was transferred by the Newark Board of Street and Water Commissioners to the Park Commission.
At the board meeting of July 18 the landscape architect and engineers were requested to prepare a map indicating their best judgment as to the lines for a Branch Brook Park. The lines soon afterward recommended, did not then, as now, include either the central or northern divi- sions, and on the north extended only as far as Fifth ave- nue. This plan was approved July 30, 1895.
The subject of a county bond issue for the parks was also
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QUESTIONS OF POLICY
under active consideration during the summer, and early in August it was decided to make a further requisition for $945,000. It had also been determined to locate a small park in the eastern district of Newark, where all agreed a park was needed, and where opportunity offered to obtain about thirteen acres of unimproved city lots in the midst of a built-up and populous district.
The acquirements of nearly all this land from the single owner, John O'Brien, of New York, enabled the commis- sion to avoid the expense and delay incidental to condem- nation proceedings, and made the improvement of that park the first work completed.
Early in July, I brought before the board the matter of encouraging gifts of park land, etc., from private owners, and the following statement was approved and appeared in most of the Essex County papers about that time:
"THE ESSEX COUNTY PARK COMMISSION, "Newark, N. J., July 25, 1895.
"In order that Essex County may possess as elaborate a park system as possible, the Park Commission has thought it wise to invite the people to assist in increasing the area and attractions. This is the only commission in the United States where the park movement embraces an entire county, and the splendid possibilities which follow from such an almost unlimited choice of magnificent natural features make most desirable the hearty co-operation of the press and people in every portion of the county.
"The experience of other localities shows that park de- velopment has been materially assisted by liberal gifts of land and money, and in almost every community the park systems are a monument not only to the wise public policy but to private benefaction as well.
"Of the 425 acres in the Springfield (Mass.) park sys- tem, more than 300 acres have been by gift from individuals and but 116 acres-less than one-third-acquired by pur- chase.
"Within the past two years the city of Hartford (Conn.)
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FIRST COUNTY PARK SYSTEM
has received donations of 180 acres of park lands and sev- eral hundred thousand dollars by bequest from one of her late citizens.
"Cleveland, Detroit, Pittsburg and many other communi- ties have received similar munificent gifts for like uses.
"In all cases the results are as gratifying to the donors as the public. Land forever dedicated to public park uses is an enduring monument to the giver.
"The Park Commission hopes that the experience of other localities may be repeated here, and gifts of land and and money will be gladly received. The plans under con- sideration admit of the selection of alternate sites for the county system, and it is important that notice of the inten- tion to prèsent land be given to the commission as soon as possible, in order that all lands accepted may be developed in harmony with the park plans.
GLAD TO RECEIVE PROPOSALS.
"The commission will also be glad to receive proposals for sale of lands suitable for park purposes from individuals or other owners desiring to co-operate in the acquirement of lands on advantageous terms to the county.
"The commission will make public acknowledgment and suitable recognition of all donations, whether land, money or bequests. Gifts of money will be used according to the directions of the donor in any way which tends to increase the beauty of the parks.
"Suggestions have already been made of gifts of certain tracts, and offers of others at nominal prices, and the Park Commission feels sure that the public spirited will respond liberally to the call and render it possible for Essex County to possess one of the finest park systems in the country.
"CYRUS PECK, "FREDERICK M. SHEPARD, "FRANKLIN MURPHY,
"FREDERICK W. KELSEY,
"STEPHEN J. MEEKER."
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The commission afterward received from the Messrs. Ballantine a gift of thirty-two acres, and from Z. M. Keen and William A. Righter one of about twenty acres, all valuable land in northern Newark, and now included in the northern division of Branch Brook Park, north of Bloom- field avenue. In 1896, a number of public-spirited citizens in Orange and East Orange made a donation of $17,275 in cash toward the acquirement of the triangle tract there, now the Orange Park.
REAL ESTATE EXPERTS.
As the preliminary work of the board early in 1895 con- tinued, it was found that one of the intricate, if not difficult, obstacles to overcome would be the acquirement of the land needed for the parks. It is unfortunate, but true, "and pity 'tis 'tis true," that whenever realty property is re- quired of private owners for public uses there is, in most instances, an immediate increase in the owner's estimate of the value; and not infrequently the demands become so ex- orbitant as to price as to leave no other resource excepting either to abandon the purchase or resort to troublesome and frequently costly litigation. Although the commission had guarded its plans, as had the previous board, there was a general impression that soon appeared to pervade the dis- trict immediately contiguous to the reservoir site that a park would in all probability be located there at an early date. In order to accomplish, as far as possible, the acquire- ment of the land by purchase, it was decided to employ, as a part of the working organization of the commission, two real estate experts, who would undertake this important work of land purchase, and on July 18 Messrs. B. F. Crane and E. E. Bond received the appointment of land agents. Both of these gentlemen performed most valuable service, especially Mr. Crane, who was continuously active and earnest, and by kindly and tactful effort was very successful in acquiring a great number of the small lots and residence properties within the Branch Brook Park area. His loy- alty to the interests of the commission won the confidence
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